A Victim-Focused Response: Fielding and Enhancing the Military System

A Victim-Focused Response: Fielding and Enhancing the Military System EVAWI Conference on Sexual Assault, Domestic Violence, and Trafficking April 23, 2014 Colonel Alan Metzler Deputy Director, DoD SAPRO

Agenda Nature of the Problem Department of Defense Strategic Approach

Nature of the Problem 3

In the DoD, sexual assault is an overarching term that encompasses a range of contact sexual assault offenses between adults, prohibited by the Uniform Code of Military Justice Offenses are charged based on the act perpetrated, the level of force used, and the ability of the victim to consent Includes the UCMJ offenses of: Sexual Assault Defined Rape (Art 120) Sexual Assault (Art 120) Forcible Sodomy (Art 125) Attempts to Commit (Art 80) Aggravated Sexual Contact (Art 120) Abusive Sexual Contact (Art 120) Sexual assault is not the same as Military Sexual Trauma (MST), a term used by Department of Veteran s Affairs for documenting medical conditions and Service-connected disabilities, which includes experiencing sexual harassment and/or sexual assault at any point during one s military career. 4

Nature of the Problem In FY13, DoD received 5,061 reports of sexual assault (up from 3,374 in FY12) -- which included at least one service member victim or perpetrator In FY12, DoD estimated, based on surveys, more than 26,000 active duty men and women were victims of unwanted sexual contact (rape to unwanted touching) Underreporting is significant problem due to fear, stigma or shame -- which complicates victim care and holding offenders accountable Incident Profile: Victim and perpetrator 18-24 yrs old; peer or near peers; nonstranger; off duty, but on the installation; significant alcohol involvement Victim s perceive high levels of ostracization and retaliation after reporting of the women in FY12 who reported unwanted sexual contact, 62% perceived some form of social, administrative, and/or professional retaliation Frontline leaders are critical to leading the culture change necessary to prevent sexist behaviors, sexual harassment and assault, and in establishing an environment of dignity, respect, and trust 5

6000 5000 Reports of Sexual Assault: CY04-FY13 Unrestricted Reports 5,061 Reports Remaining Restricted Number of Reports 4000 3000 2000 1000 0 1700 1700 0 2374 2047 327 2947 2277 2688 2085 2908 2265 3230 3158 3192 3374 2516 2410 2439 2558 670 603 643 714 748 753 816 3,768 1,293 CY04 CY05 CY06 FY07 FY08 FY09 FY10 FY11 FY12 FY13 Overall reporting increased 50% from FY13 Unrestricted Reporting increased by 47% Reports remaining Restricted increased by 58% Year Total Reports to DoD Wrongful Sexual Contact (Eliminated 2012) 3% Abusive Sexual Contact 35% (35%) 492 reports were for an incident occurring prior to military service - Accounted for 10% of FY13 reporting - Prior years pre-service reports never exceeded 4% FY13 Unrestricted Reports: Most Serious Crime Alleged Aggravated Sexual Contact 4% Indecent Assault (Eliminated 2007) 1% Non- Consensual Sodomy 2% Attempts to Commit Offenses 1% Rape 24% (27%) Aggravated Sexual Assault/Sex ual Assault 30% (28%) Denotes FY12 Percentages Increased reporting leads to greater opportunities for victim care and accountability. 6

FY13: Demographics in Majority of Unrestricted Reports Victims Relationships Female (86%)(-2) Service member on Service 18-24 years old (65%)(-4) Member (61%)(-1) Junior enlisted (E1 E4) (80%)(+7) Service member on Non-Service member (21%)(-1) Generally occurring off duty at a military installation Non-Service member on Service member (6%)(+1) Subjects Unidentified subject on Service Male (89%)(-1) member (12%)(+1) Females (3%)(-1) Unidentified (8%) Denotes change from FY12 Enlisted Military (91%)(+12) 18-24 years old (73%)(+2) Trend toward slightly higher rank than victim Not a stranger to victim Alcohol commonly the only weapon 7

Past-Year Prevalence of Unwanted Sexual Contact 10% Percent of Active Duty Members, by Gender 9% 8% 7% 6% 5% 4% 3% 2% 1% 0% 6.8% (~13,500) 4.4% (~8,600) 1.8% (~20,700) 0.9% (~10,700) 6.1% (~12,100) 1.2% (~13,900) 2006 2010 2012 2014 Active Duty Women Active Duty Men WGRA conducted August 17 to November 7, 2012 Key Findings: In 2012, 6.1% of women and 1.2% of men indicated experiencing USC For women, the 2012 percentage is statistically significantly higher than 2010; there are no statistically significant differences for men between 2012 and 2010 Of the women and men who experienced USC in the past 12 months, 45% of these women and 19% of these men also experienced USC prior to entering the military 8

16000 14000 12000 Unwanted Sexual Contacts* Experienced Estimates from 2012 WGRA ~13,900 10% 5% ~12,100 10000 8000 6000 51% 31% 26% Completed Penetration Attempted Penetration Unwanted Sexual Touching Did Not Specify 4000 2000 0 34% Men 32% 10% Women *Unwanted sexual contact is the DoD survey term for the range of contact sex crimes between adults, prohibited by the Uniform Code of Military (UCMJ). Key Findings: Of active duty members who indicated USC via the WGRA, about 31% of women and 10% of men experienced a completed oral, anal, or vaginal penetration The proportions of behavior shown are statistically unchanged from 2010 9

Key Program Metrics: Estimated Prevalence vs. Actual Victim Reports 40000 35000 ~34,200 Number of Victims 30000 25000 20000 15000 10000 5000 0 This chart shows the gap between our survey estimated numbers of military victims* and known military victims in Unrestricted and Restricted Reports 1,275 1,774 (7%) 2,289 2,223 2,395 2,670 ~19,300 (14%) 2,617 2,723 ~26,000 (11%) 2,949 CY04 CY05 CY06 FY07 FY08 FY09 FY10 FY11 FY12 Year Estimated* Active Duty Victims of Unwanted Sexual Contact Calculated Using DMDC WGRA Survey Rates Service Member Victims in Unrestricted and Restricted Reports of Sexual Assault to DoD Authorities (Estimated Percent Reported) *Estimates from 2006, 2010 & 2012 WGRA Survey by DMDC Sexual Assault is an Underreported Crime Increased reporting provides primary means for improving victim care and accountability of offenders 10

Number of Reports 4500 4000 3500 3000 2500 2000 1500 Service Member Reporting Service Member Victims in Reports of Sexual Assault to DoD, For Incidents that Occurred in Military Service, CY04 FY13 1275 1774 2289 2223 2340 2454 2531 2639 2828 4113 3235* Women; ~28% Reporting Rate** 878* Men; ~5% Reporting Rate** 1000 500 0 CY04 CY05 CY06 FY07 FY08 FY09 FY10 FY11 FY12 FY13 Year Sexual assault is an underreported crime meaning that reports to authorities fall far short of the actual number of incidents estimated to exist via confidential surveys. For as long as sexual assault remains significantly underreported, increased reporting is beneficial. Reporting behavior differs by gender: Women: About 28% female Service members report an incident of unwanted sexual contact** Men: About 5% male Service members report an incident of unwanted sexual contact** * Estimated; gender data not available for all military victims in Restricted Reports **Estimated Using 2012 WGRA Past-year Prevalence of Unwanted Sexual Contact and FY13 reporting data Service Member Victims in Reports of Sexual Assault to DoD Authorities For Incidents that Occurred in Military Service (Unrestricted and Restricted) 11

Department of Defense Strategic Approach 12

DoD SAPR Program Sustain multi-pronged approach no single silver bullet solution Requires sustained progress, persistence, innovation, and multi-disciplinary approach in prevention, investigation, accountability, victim assistance & assessment Expand prevention efforts to reinforce cultural imperatives of mutual respect and trust, team commitment, and professional values Recognize that sexual harassment is strongly correlated with sexual assault Continue to educate frontline commanders and leaders at all levels and hold them accountable in establishing and sustaining a culture of dignity and respect Must include programs on healthy relationships, bystander intervention, and peer leadership/social courage Continue to ensure victim focus and control to help overcome vast underreporting Treat every case with utmost seriousness, protect privacy, allow victims to choose the manner in which they heal, and provide professional advocacy Reporting is an essential bridge to victim care and accountability Sustain commitment to holding offenders appropriately accountable we are improving investigative and accountability efforts through Special Victims Capability, UCMJ Panels, and comprehensive oversight actions 13

SAPR Mission, Lines of Effort, and Objectives Mission: The Department of Defense prevents and responds to the crime of sexual assault in order to enable military readiness and reduce with a goal to eliminate sexual assault from the military. Communication Communicate DoD s efforts to support victim recovery, enable military readiness, and reduce with a goal to eliminate sexual assault from the military. Lines of Effort Prevention - Deliver consistent and effective prevention methods and programs. Investigation - Achieve high competence in the investigation of sexual assault. Accountability - Achieve high competence in holding offenders appropriately accountable. Advocacy Deliver consistent and effective victim support, response, and reporting options. Assessment Effectively standardize, measure, analyze, and assess program progress. Objectives Cultural imperatives of mutual respect and trust, professional values, and team commitment are reinforced to create an environment where sexual assault is not tolerated. Investigative resources yield timely and accurate results. Perpetrators are held appropriately accountable. DoD provides high quality services and support to instill confidence, inspire victims to report, and restore resilience. DoD incorporates responsive, meaningful, and accurate systems of measurement and evaluation into every aspect of SAPR. 14

Influencing Behavior Command Team Mentoring and Behavior Examples Leadership Expectations and Support Unit Command Climate Accountability and Deterrence Service Member Knowledge, Skills, Attitudes Training and Education Personal Values, Beliefs, Attitudes 15

2014-2016 DoD Sexual Assault Prevention Strategy Objective: To deliver consistent and effective prevention methods and programs. Endstate: Cultural imperatives of mutual respect and trust, professional values, and team commitment are reinforced to create an environment where sexual assault is not tolerated, condoned, or ignored. Leaders are the center of gravity for prevention efforts Key Means Resources Key Ways Objectives Supporting End states DoD Benchmark Prevention Programs and Research Develop DoD national benchmark prevention program that sets the example for civil society to follow Acceptance and endorsement of the values shared by DoD Directives, strategies, and policies Institutionalize sexual assault prevention practices and programs throughout Department Institutionalized culture & values, supported by policies Leader mentorship and unit climate Influence personnel values, attitudes, and behaviors Establishment and maintenance of a culture/climate which supports the prevention of sexual assault Education, skills building, & training Promote healthy and supportive relationships between peers, partners, family, and friends An environment in which Service members networks support a culture of sexual assault prevention Social-Ecological Model Education, skills building, & training Promote healthy social-emotional relationship skills Identify, act, and intervene to prevent inappropriate behaviors associated with sexual assault 16

Enhanced Command and Senior Enlisted Leader Training Jan 2012 -- SECDEF mandated evaluation of Pre-Command and Senior Enlisted Leader (PCC-SEL) SAPR Training May 2012 -- Report to SECDEF delivered Sep 2012 -- SECDEF mandated development of standardized Core Competencies/Learning Objectives (CCs-LOs) Dec 2012 -- Standards completed SECDEF directed implementation Apr 2013 -- Services implemented CCs-LOs for all PCC-SEL training Core Competencies Core Competency 1: Sexual Assault in the Military Refresh understanding of basic concepts of sexual assault Core Competency 2: Prevention Understand risks and circumstances associated with sexual assault incidence and the proactive measures to prevent sexual assault and associated destructive behaviors within their command Core Competency 3: Advocacy and Response Understand the essential elements of quality victim care response programs and the roles and responsibilities of victim service providers Core Competency 4: Investigations and Accountability Understand the complexity of sexual assault crimes and the appropriate investigation and disposition options available Core Competency: 5: SAPR Program Leadership Understand commander s and senior enlisted leader s roles in fostering a command environment free of sexual assault Resulting Learning Objectives - Recognize sexual assault myths, facts, and trends - Define sexual assault and sexual harassment, differentiate between the two, and review the relevant articles of UCMJ - Recognize environments where sexual offenses occur - Define and identify strategies for bystander intervention - Define and identify strategies for risk reduction - Define and identify strategies for obtaining affirmative consent - Identify command climate strategies for preventing assaults - Recognize impact of trauma on victim s behavior and ability to communicate clearly - Employ tactics to minimize re-victimization - Identify commander responsibilities for sexual assault response, privileged communications, victim care and encourage victims to report sexual assault - Recognize commander responsibilities regarding sexual assault investigative procedures - Recognize commander responsibilities during judicial process - Understand applicable SAPR programs, policies & procedures - Identify key elements of an effective command SAPR program, to include roles and responsibilities of key personnel 17

DoD s multi-disciplinary approach employs many measures to improve victim confidence: Commander Tools to improve Prevention and Response: Core Competency Training, Unit Assessment Tools (DEOCS), Commander Policy Requirements Exp. Transfer, Protective Orders, etc.; CC Evaluations Every Case a Medical Emergency: DoD policy ensures standards for appropriate medical care and counseling, and mandates that sexual assault cases are treated as emergencies Victim Choice: Reporting, Medical Care, Forensic Exam, Expedited Transfer, Legal Assistance Professionally certified SARCs and VAs 22,000+ across DoD: o o Defense Sexual Assault Advocate Certification Program in full effect on 1 Oct Certifies first responders who are foundation of our care coordination & advocacy effort Victim-Victim Advocate Privilege: Protects victims communications; ensures private coordination of care Legal Representation: Attorney for victims with Attorney-Client Relationship o Air Force pilot program in Jan 2013; SECDEF directed full implementation in DoD by 1 Jan 14 Specially-Trained Investigators and Prosecutors: o o Improving Victim Confidence Special Teams fielded for sexual assaults, child abuse, and serious domestic violence cases Training on trauma of sexual assault crimes; effect of trauma on memory; counterintuitive behaviors Safety Assessments for Every Victim: Provides risk assessment and consideration of victims concerns Expedited Transfer: Balanced options to eliminate victims' continued contact with their accused offenders, including moving offenders DoD Safe Helpline/Mobile App/Safe HelpRoom: Anonymous, worldwide, 24/7 support via online chat, telephone, & texting services enabling crisis intervention and warm handoffs to local first responders 18

DoD & HHQ Oversight Sexual Assault Response & Oversight Integrated System of Checks & Balances SECDEF, DoD Inspector General, Joint Chiefs of Staff, DoD General Counsel, SAPRO, Service HHQs, TJAGs Service Chief General Court Martial Convening Authority Leadership Oversight Installation Commander Article 32 Investigating Officer Special Court Martial Convening Authority (O-6 or Higher) 1 st GO/FO in Chain Chain of Command Cross Functional Oversight Mechanisms, Capabilities, and Services Case Management Group Climate Assessments (DEOCS) and Performance Evaluations Inspectors General Special Victim s Counsel & Defense Counsel Response Coordination (DSAID), Victim Advocacy, Medical Care Incident Functions Actors Unrestricted Report Restricted Report SARC, Victim Advocate, Medical Professional Operational Report Serious Incident Report Command Post Reporting Center Report of Investigation Criminal Investigators (Special Victims Investigators) Legal Review Judge Advocates (Special Victims Prosecutors) Oversight of Incident Response (30-day Report) Unit Commander Unit Climate Victim & Accused Care Expedited Transfer Military Protective Order Unit Commander 19

Percent of Military Subjects Receiving Action on a Sexual Assault Charge Command Action in Sexual Assault Offenses 80% 70% 60% 50% 40% 30% 20% 10% 0% 34% 36% 30% FY07 N=600 38% 30% 32% FY08 N=832 42% 36% 23% FY09 N=983 52% 25% 23% FY10 N=1025 Year 62% 24% 14% FY11 N=791 68% 71% (210/1187) 18% 18% 15% FY12 N=880 (838/1187) 12% (139/1187) FY13 N=1187 Courts-martial charge preferred (Initiated) Nonjudicial punishments (Article 15 UCMJ) Adverse administrative actions and discharges Since FY07, commanders are increasingly addressing allegations of sexual assault by preferring court-martial charges, when the subject is under the legal authority of the Department and there is sufficient evidence to do so. In FY13, 209 of the 210 nonjudicial punishments (NJP) administered was for a nonpenetrating crime; one exception involved a victim who declined to participate at court. 20

Conclusions DoD s program is proactive, victim-focused, and multi-disciplinary An important element is to increase victim confidence so that more victims are willing to report Reporting is essential to delivering care and holding offenders appropriately accountable Our results are measured in choices of victims, who are now reporting in unprecedented numbers Historically, reports of sexual assault have increased about 5% per year since 2006 In FY13, reports are up an unprecedented 50% with commanders at the center of our military justice system making disposition decisions We assess this increase as consistent with growing confidence in our response system This is supported by an additional metric demonstrating victim confidence there are growing numbers of reports made by victims about incidents that took place prior to joining the military, up from 4% in FY12 to 10% of total reports in FY13 There is no indication that the spike in reporting reflects an increase in crime Rates of unwanted sexual contact in active duty men and women has stayed in a relatively narrow range since the Department began using its current measure in 2006 These metrics provide indications that our initiatives over the past year and a half are having an impact as more victims are reporting and accessing support services DoD s goals include increasing the percentage of victims who report while reducing sexual assault prevalence Going forward, we will intensify our efforts to prevent the crime We expect the Secretary to direct a series of prevention actions and fielding of a Prevention Strategy 21

DoD Sexual Assault Prevention and Response Office 4800 Mark Center Drive, Suite 07G21 Alexandria, VA 22311 whs.mc-alex.wso.mbx.sapro@mail.mil www.sapr.mil www.safehelpline.org 22